Consumer Bankruptcy

An Inheritance Received More than 180 Days After Filing Is Chapter 13 Estate Property

Majority of courts hold that the temporal limitation on inheritances in Section 541(a)(5) is nullified in chapter 13 by Section 1306(a).

Inside ABI March 2026

President’s Column I’m not a big fan of cliches, but “time flies when you’re having fun” is ringing in my ears as I write what will be my penultimate President’s Column and wondering how the months have passed so quickly since I took the gavel from Christopher A. Ward

Section 305 Is Grounds for a Debtor to Dismiss a Voluntary Chapter 7 Case

If the chapter 7 debtor has paid the filing fee and is current on filings, Section 707(a) isn’t grounds for voluntary dismissal.
Arizona Feb 17, 2026

$1.6 Million Fee Disgorgement Upheld for Failure to Disclose Fee-Sharing

The bankruptcy judge had authority to sanction a lawyer for all misconduct in the district, not just in the cases before that judge.
New Mexico Feb 9, 2026

If Personal Liability on a Mortgage Was Discharged, Is Confirmation Possible in ‘13’?

When there was a prior discharge of personal liability on a mortgage note, what’s the theory for confirming a plan in a subsequent chapter 13 case?

When Is an Emergency Really an Emergency? A Chamber’s Perspective on Urgent Relief

When Is an Emergency Really an Emergency? A Chamber’s Perspective on Urgent Relief By Hon. Selene D. Maddox and Jace Ferraez 1 In bankruptcy practice, “emergency” is a term of art, not a label of convenience. Practitioners frequently invoke it, sometimes reflexively, to

The Gendered Fresh Start: Financial Vulnerability in Men and Women

The Gendered Fresh Start: Financial Vulnerability in Men and Women By Kandis Coleman 1 In times of economic distress, consumers seek relief through various channels. Supplementing income through secondary employment, increasing credit card usage, borrowing money from

10th Circuit Feb 3, 2026

Two BAPs Now Uphold Sanctions Alongside Voluntary Dismissals Under Section 1307(b)

The Tenth Circuit BAP holds that dismissal is not automatic and immediate when a chapter 13 debtor moves to dismiss voluntarily under Section 1307(b).